People v. Shore

472 N.E.2d 512, 129 Ill. App. 3d 443, 84 Ill. Dec. 552, 1984 Ill. App. LEXIS 2598
CourtAppellate Court of Illinois
DecidedDecember 7, 1984
Docket83-0921
StatusPublished
Cited by12 cases

This text of 472 N.E.2d 512 (People v. Shore) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Shore, 472 N.E.2d 512, 129 Ill. App. 3d 443, 84 Ill. Dec. 552, 1984 Ill. App. LEXIS 2598 (Ill. Ct. App. 1984).

Opinions

JUSTICE SULLIVAN

delivered the opinion of the court;

Following a bench trial, defendant was convicted of felony murder and sentenced to a term of 35 years. On appeal, he contends that (1) he was not proved guilty beyond a reasonable doubt; and (2) the trial court (a) improperly considered matters not in evidence in reaching its verdict, (b) abused its discretion in denying his post-trial motion to reopen the case, and (c) denied him a fair trial by shifting the burden of proof to him.

At trial, David “Bo” Burns (Burns) testified that he, Willie Adams (Adams), Chester Bland (Bland), Andrew Shaffer (Shaffer), and defendant were drinking beer and wine and smoking marijuana in front of an apartment building at 4014 South Drexel Avenue in Chicago at about 7 or 8 p.m. on August 10, 1982. An argument started between Adams and defendant and, when Adams said that he did not have a gun, defendant said, “Sucker, I got mine,” and then drew a gun and stuck it in Adams’ chest. At that point, Myra Sexton (Sexton), who was watching from the window of her apartment, called defendant inside the building, and after he came out the men went to the liquor store to purchase more beer and wine, thereafter returning to the front of the apartment building to drink it. At about 12:15 a.m., the victim — a security guard — walked past them on the opposite side of Drexel Avenue near the El Rukn headquarters, and upon seeing him, defendant said, “I am fitting to get this chump,” and then ran across the street with his gun in his hand. As the victim turned, defendant shot him twice in the chest and then took his service revolver. Defendant then ran back across the street, carrying the revolver, and as he passed he said, “I got this chump.”

At about 7 a.m. the following morning, defendant came to Shaffer’s house where he (Burns) and Bland had spent the night, and when Shaffer asked defendant, “Man, what did you do?” he responded, “Man, I believe I killed this chump.” Defendant also told them that he threw the victim’s revolver into a red container and hid the murder weapon under some wood. After accompanying defendant to an area where he said the police had chased him, he (Burns), Bland, and Shaffer returned to Shaffer’s house, but defendant remained to search for the weapons. Later that day, defendant returned to Shaffer’s house with a .38-caliber revolver, opened it, removed two spent cartridges, flushed them down the toilet, and left. Several days later, when Burns learned the police were looking for him, he arranged to meet them in a lounge. Three officers took him to a police station, where one officer told him that defendant, who was also in custody, had named him as-the killer. He then told the police what he observed on the night of the shooting. He had not contacted the police immediately, because in 1974 he was framed for a murder he did not commit and ultimately pleaded guilty to robbery in order to get out of jail, and he did not want to get involved with the police again. Burns also admitted to a conviction for possession of marijuana and that he was formerly a “foot soldier” in the El Rukn street gang. On cross-examination, he stated that while he was in custody, the police said that defendant tried to “give the case” to him and that they were going to charge him with this murder. He told the police that Shaffer, also known as “Rab,” was present on the night of the shooting; that immediately afterwards, defendant said, “I just got this chump”; and that they searched for the guns the next morning, but that he did not tell them what had occurred at Shaffer’s house or about the statements made there by defendant. He admitted that he had been afraid he would be charged for the crime, but he denied threatening defendant’s family, stating that he remained downstairs when he and Shaffer went to defendant’s apartment building to tell his mother they did not want to see defendant go to jail.

Bland, also a former El Rukn “foot soldier,” testified to essentially the same version of events as did Bums, although he did not hear defendant say anything as he ran past after shooting the victim. He admitted on questioning by defendant’s attorney that she and another person came to his house to question him about the shooting, but he told them he did not want to say anything before consulting with his attorney. He did not say that he would not tell them what really happened on the night of the murder because he' was afraid that if he told the truth he would be charged with perjury. Several days after the shooting, he was taken to Area 1 headquarters, but the police did not tell him they believed he was involved in the murder or that he might be charged with it; neither did he think he would be charged. Although he told the police what occurred on the night of the shooting, he did not tell them that Shaffer had been present throughout the evening, and he did not tell them — nor did they ask— anything concerning the events of the following day. He did not initially contact the police because he did not want to become involved, and he acknowledged that he could have been prosecuted for contempt had he failed to comply with a subpoena he received to appear as a witness. Following Bland’s testimony, the trial court granted the State’s motion to withdraw the petitions for contempt citations against Bums and Bland, since both witnesses had voluntarily complied with the subpoena to testify.

Myra Sexton then testified that she was in front of her apartment building on the night in question with Shaffer, Burns, Bland, Adams, and defendant when the latter two began arguing about a television. She went inside her apartment and, as she watched from a window, she saw defendant draw a gun and point it at Adams. She called defendant upstairs and asked him to leave his gun with her and go “cool out” somewhere, but he left, taking the gun with him. She then closed her window, remained in her apartment, and did not see defendant again that night. She was a good friend of Burns and Bland and acknowledged discussing the shooting incident with them before she was taken to the police station, where she was interviewed for about seven hours. She also knows several members of the El Rukn street gang, but she was not a member of the women’s division thereof.

Paulette Jones, a 17-year-old high school student, testified that in late August 1982, she and some friends were behind the “old folks home” across the alley from her father’s church when one of the boys saw a gun lying next to some trash cans. They flagged down an unmarked police car, whose occupants retrieved the gun. It was stipulated that, if called, Officer Lipinski would testify that he was stopped by Paulette Jones and her friends and directed to a red container next to a senior citizens’ home, where he found a .357-caliber Smith and Wesson revolver. The gun was registered to the victim, but it was not the weapon used to kill him.

Ernest Wells testified for the defense that shortly after midnight on August 10, 1982, he was driving southbound on Drexel Avenue when he heard gunfire, turned, and saw a man on the opposite side of the street standing over and pointing a gun at another man, who was lying on the sidewalk. The gunman fired a second shot at the victim, bent down, removed something from the victim’s pocket, and then walked south toward 40th Street, where he crossed Drexel Avenue and was joined by another man, with whom he then ran away.

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People v. Shore
472 N.E.2d 512 (Appellate Court of Illinois, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
472 N.E.2d 512, 129 Ill. App. 3d 443, 84 Ill. Dec. 552, 1984 Ill. App. LEXIS 2598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shore-illappct-1984.